O-282-C
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CITY OF CLERMONT
CODE ORDINANCE
282-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FWRIDA, ENTITLED "IMPACT
FEES"; PROVIDING A STATEMENT OF PURPOSE; REQUIRING THE
PAYMENT OF IMPACT FEES; PROVIDING DEFINITIONS;
ESTABLISHING A FEE SCHEDULE; PROVIDING FOR SPECIAL
STUDIFS; PROVIDING FOR PAYMENT PROCEDURES; PROVIDING
FOR CREDITS; PROVIDING FOR RESTRICTIONS ON USE OF FUNDS;
ESTABLISHING IMPACT FEE RESTRICTED ACCOUNTS AND ANNUAL
AUDIT THEREOF; PROVIDING FOR REFUNDS; PROVIDING FOR
LmERAL CONSTRUCTION; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO
THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
HEREBY ORDAINS THAT:
WHEREAS, anticipated new development in the City of Clermont requires an increase
in parks and recreational facilities, in police protection facilities, in fire protection facilities, and
in the use of water and wastewater treatment facilities to accommodate the needs of residents
in new development; and
WHEREAS, the City of Clermont has determined that new development shall contribute
its fair share of the capital costs of providing new park and recreation facilities, police protection
facilities, fire protection facilities and water and wastewater treatment facilities; and
WHEREAS, the City of Clermont has determined that impact fees are an equitable and
appropriate means to finance the capital costs of providing land and facilities to meet the needs
of new growth; and
WHEREAS, this Ordinance is intended to be consistent with the principles of allocating
a fair share of the cost of necessary public facilities to users as established by the Florida
Supreme Court in the case of Contractors and Builders Association of Pinellas County v. City
of Dunedin, 329 So.2d 314 (Florida 1976); and
WHEREAS, impact fees will assist in implementing the City of Clermont Comprehensive
Plan ("Comprehensive Plan").
NOW, THEREFORE, be it ordained by the City Council of the City of Clermont as
follows:
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -2-
SECTION 1.
The Code of Ordinances of the City of Clermont is hereby amended by adding a new
Chapter 27 which reads as follows:
Chapter 27. IMPACT FEES
SECTION 2. Purpose.
These regulations are adopted for the purpose of promoting the health, safety and general
welfare of the residents of the City of Clermont by:
(a) Requiring new development to pay its proportionate fair share of the capital costs
necessary to accommodate new development impacts on parks and recreation, police protection,
fire protection and water and wastewater treatment.
(b) Implementing the Comprehensive Plan to help ensure that adequate parks and
recreation facilities, police protection, fire protection and water and wastewater treatment
facilities are available in a timely and well planned manner.
SECTION 3. Impact Fee Required.
Each person who shall apply for a city zoning clearance or building permit shall pay
impact fees in the manner and in the amount set forth in this Chapter. Such fees shall be
collected and used by the City only in such manner as set forth in this Chapter.
SECTION 4. Definitions.
(a) "Capital Improvements" include land acquisition, site development, equipment or
other facilities used to provide parks and recreation facilities, police protection, fue protection,
and water and wastewater treatment facilities.
(b) "Capital Costs" include planning, engineering, acquisition and construction costs of
capital improvements, including debt service costs on bonded facilities, but not including routine
maintenance costs or operational costs.
(c) "City Manager" shall include the City Manager or his designee.
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -3-
(d) A "Feepayer" is a person required under this Ordinance to pay the impact fee.
(e) "Person" includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity, and shall include all public entities.
(1) "New Development" means any construction that creates one or more units, as
provided in the schedule herein of land use. For purposes of this Chapter, the term excludes
a replacement of or addition to any existing unit if no net new units are created.
(g) "Water System West" is all users served by systems utilizing 4th Street Well,
Seminole Well, and Grand Highway Well.
(h) "Water System East" is all areas served by systems utilizing Hancock Well and East
Wells #1 and #2.
(i) "Sewer System West" is all users served by systems utilizing the Carroll Street waste
water treatment facility.
(j) "Sewer System East" is all users served by systems utilizing the Hancock waste water
treatment facility.
(k) "All Adult Community" shall be defined as a community meeting allloca1, state, and
federal requirements for all-adult status, and having been approved by the City Council of the
City of Clermont as an all-adult development. Specific use studies may be required after time
of qualification and if such studies indicate a use greater than two-thirds of the use of non-
qualified users within the City, the all-adult status may be revoked.
~ECTION S. Impact Fee Schedule.
(a) The amount of the impact fee due will be determined by the following fee schedule.
The fees shown on the schedule are based on the factors explained in the "Technical Report on
Impact Fee Calculations for Parks and Recreation, Police Protection, Fire Protection, and Water
and Wastewater Treatment" available from the City of Clermont City Clerk.
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Table 1. Recreational Impact Fees
HOUSING TYPE
Sinale Family
0-1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
5 + Bedrooms
LAND USE CATEGORY
Multi-Family
0-1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
5 + Bedrooms
Mobile Homes
0-1 Bedroom
2 Bedrooms
3 Bedrooms
4+ Bedrooms
CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -4-
SCHEDULE
UNIT OF
MEASUREMENT
D.U.
D.U.
D.U.
D.U.
D.U.
UNIT OF
MEASUREMENT
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
Table 2. Police Protection Impact Fee
Residential
Single Family
Multi-Family
D.U.
D.U.
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IMPACT
FEES
$240.00
$278.00
$397.00
$508.00
$607.00
IMPACT
IEES.
$233.00
$371.00
$554.00
$708.00
$607.00
$142.00
$222.00
$386.00
$562.00
$ 37.00
$ 27.00
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -5-
Non Residential
General Retail 1,000 SF $119.00
Service Stations 1,000 SF $297.00
Eating & Drinking 1,000 SF $406.00
Office 1,000 SF $114.00
Financial/Insurance 1,000 SF $168.00
Hotel/Motel 1,000 SF $ 33.00
Motor Vehicle Sales 1,000 SF $ 68.00
Industria1 1,000 SF $ 10.00
Warehousing 1,000 SF $ 25.00
Table 3. F"1I'e Protection Impact Fee
UNIT OF IMPACT
LAND USE CATEGORY MEASUREMENT FEES
Residential
Single Family D.U. $ 45.00
Multi-Family D.U. $ 61.00
Non Residential
General Retail 1,000 SF $105.00
Service Stations 1,000 SF $307.00
Eating & Drinking 1,000 SF $287.00
Office/Financial/Banking 1,000 SF $ 85.00
Homes for the Aged 1,000 SF $ 89.00
Hotel/Motel 1,000 SF $ 87.00
Motor Vehicle Sales 1,000 SF $100.00
Industrial/MfglWarehouse 1,000 SF $ 37.00
Warehousing 1,000 SF $ 25.00
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -6-
Table 4. Water Impact Fee
Water Impact Fee = Cost I x ERU2
~:
Water System West
Water System East
1995 =
1996 =
$ 314
$ 315
$864
$864
2Equivalent Residential Unit ŒRU) conversions are in Table 6.
Table 5. Wastewater Impact Fee
Wastewater Impact Fee = Cose x ERlf
ICOSt:
Sewer System West
Sewer System East
1995 =
1996 =
$1,301
$1,304
$2,374
$2,374
2Equivalent Residential Unit ŒRU) conversions are in Table 6.
Table 6. Equivalent Residential Units (ERU)
RESIDENTIAL:
Equivalent Residential
Units (ERU)
(a)
Single or multiple family per dwelling unit
except qualified all-adult communities
1 bedroom and 600 square ft. or
less heated or cooled area
0.33
2 bedrooms and 601 - 1,000 sq. ft.
heated or cooled area
0.67
(b)
(c)
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -7-
3 bedrooms and 1,001 - 2,000 sq. ft.
heated or cooled area
4 or more bedrooms and 2,000 - 3,000
sq. ft. heated or cooled area
Other per occupant
Qualified all-adult community
Up to 3 bedrooms
4 or more bedrooms
COMMERCIAL:
Airports, bus terminals, train stations, port
and docking facilities
(a)
(b)
Per passenger
Add per employee per eight hour shift
Barber and beauty shops per chair
Bowling alleys toilet wastes only per lane
Country Clubs
(a)
Per resident
(b)
Per member
(c)
Per employee per eight hour shift
.
1.00
1.33
.17
.67
1.00
Equivalent Residential
Units (ERU)
0.01
0.04
0.22
0.22
0.22
0.06
0.04
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -8-
COMMERCIAL CONTINUED:
Dentists' Offices
(a)
Per wet chair
(b)
Per non-wet chair
Doctors' Offices per doctor
Factories, exclusive of industrial wastes,
gallons per employee per eight hour shift
(a)
No showers provided
(b)
Showers provided
Food Service operations
(a)
(b)
(c)
(d)
(e)
Restaurants operating less than 16
hours per day per seat
Restaurant operating 16 hours or
more per day per seat
Restaurant using single service
articles only per seat
Bar and cocktail lounge per seat
Drive-in restaurant per car space
(t) Carry out only
(1)
(2)
Per 100 square feet of floor space
Add per employee per eight hour shift
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Equivalent Residential
Units (ERU)
0.44
0.11
0.56
0.04
0.08
0.11
0.17
0.06
0.07
0.11
0.11
0.04
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -9-
COMMERCIAL CONTINUED:
(g)
(h)
Institutions per meal
Food Outlets excluding deli's,
bakery or meat department per 100
square feet of floor space
(1)
Add for deli per 100 square feet
of floor space
(2)
Add bakery per 100 square feet
of floor space
(3)
Add for meat department per 100
square feet of floor space
Hotels and Motels
(a)
Regular per room
(b)
Resort hotels, camps, cottages per person
(c)
Add for establishments with self service
laundry facilities per machine
Office building per 250 sq. ft. of floor space
Service stations per water closet & per urinal
Shopping centers without food or laundry
(per 1,000 square feet of floor space)
Stadiums, race tracks, ball parks per seat
Stores per 1,000 square feet of floor space
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Equivalent Residential
Units ŒRU)
0.01
0.02
0.11
0.11
0.22
0.33
0.17
0.89
0.04
0.56
0.43
0.01
0.43
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -10-
COMMERCIAL CONTINUED:
Swimming and bathing facilities, public per person
Theaters
(a)
Indoor, auditoriums per seat
(b)
Outdoor, drive-ins per space
Mobile Home Park per mobile home space
Recreational Vehicle Park
(a)
Recreational vehicle for overnight stay, w/o
and sewer hookup per vehicle space
(b)
Recreational vehicle for overnight use, with
water and sewer hookup per vehicle space
Churches per seat
Hospitals per bed which does not include kitchen
wastewater flows
Nursing, rest homes per bed which does not
include kitehen wastewater flows
Parks, public picnic
(a)
With toilets only per person
(b)
With bathhouses, showers and toilets per person
Public institutions other than schools and hospitals per
person which does not include kitchen wastewater flows
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Equivalent Residential
Units (ERU)
0.02
0.01
0.02
0.44
0.17
0.22
0.01
0.44
0.22
0.01
0.02
0.22
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -11-
Equivalent Residential
Units (ERU)
COMMERCIAL CONTINUED:
Schools per student
(a) Day type
(b) Add for showers
(c) Add for cafeteria
(d) Add for day school workers
(e) Boarding type
0.03
0.01
0.01
0.03
0.17
Work/construction camps, semi-permanent per worker
0.11
Note: Where the number of bedrooms indicated on the floor plan and the corresponding heated
or cooled area of a dwelling unit in the table do not coincide, the criteria which will
reflect in the greatest estimated ERU shall apply.
Sources:
State of Florida, Department of Health and Rehabilitative Services, 1990.
Reynolds, Smith and Hills, Inc., 1991.
(b) If a development approval is requested for a development with mixed unit types, then
the fee shall be computed by calculating number of units of each type and multiplying the results
by the appropriate fees on the schedule.
(c) When a question arises about which types on the schedule shall apply to the
development, the City Manager shall determine which comparable land use type shall apply, or
if there is no comparable and use, that a special study is required.
(d) The schedule shall be reviewed periodically and revised as necessary to reflect new
data and technical information that substantially affect the calculation of the proportionate fair
share of capital costs represented by the schedule.
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -12-
SECTION 6. Special Study Option.
(a) A special study may be used to compute any impact fee:
(1) At the option of the feepayer, or
(2) If the City Manager determines that the location, intensity or unusual
nature of the use indicates that impacts on parks and recreation, police
protection, fire protection or water and wastewater treatment facilities will
be substantially higher than those assumed in the fee schedule, or
(3) If the use is not on the schedule and the City Manager determines that a
special study is required.
(b) The feepayer shall be responsible for the preparation of the special study, which
shall follow standard methodologies and a format approved by the City Manager. The City
Manager shall accept, reject or modify the fee calculated by the special study and notify the
feepayer in writing of his determination.
(c) Any determination made by the City Manager under this section may be appealed
to the City Council. The Council shall review the determination a regular meeting of the
Council and shall provide an opportunity for the feepayer and the City Manager to address the
Council. The City Council shall make its decision on the fee due under this section based on
the following criteria:
(1) The fee represents a proportionate fair share of the costs of providing
capital improvements whose need is created by new development;
(2) The calculation of the fee is based on appropriate methodologies for
calculating the proportionate fair share considering any appropriate local
factors, and
(3) The decision is compatible with and furthers the Comprehensive Plan.
SECTION 7. Payment.
The feepayer shall pay the impact fee to the City in an office to be designated by the City
Manager, which office shall record receipt of the fee in the official public record of the City
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -13-
and, upon full payment of the fee, shall issue to the feepayer a certified copy of such record of
receipt, which may be used by the feepayer as evidence of payment.
SECTION 8. Credits.
(a) Any conveyance of land or construction received and accepted by the City Council
from a feepayer shall be credited against the applicable impact fee due if the conveyance or
construction meets the same needs as the impact fee and is consistent with the Comprehensive
Plan.
(b) If the feepayer wishes to receive credit against the amount of the impact fee due for
such conveyance or construction, the feepayer shall enter into a fee agreement with the City
Council. The fee agreement shall provide for establishment of credits and payment of the fee
in a specified manner and time.
(c) The value of land conveyed or facilities constructed by a feepayer and accepted by
the City for purposes of the Chapter shall be determined by an appraisal based on the fair market
value of the land or facilities as established by the City. Any land awarded credit under this
Chapter shall be conveyed in fee simple no later than the time at which the impact fee is
required to be paid.
(d) The portion of the impact fee represented by a credit for construction shall be
deemed paid when the construction is completed and accepted by the City for maintenance or
when adequate security for the completion of the construction has been provided. Construction
shall be in accordance with City of Clermont design standards.
SECTION 9. Use of Funds.
Impact fees paid under the provisions of this Chapter shall be used by the City
exclusively for the purpose of providing capital improvements to meet the demand created by
new development.
SECTION 10. Restricted Accounts and Annual Audit.
(a) The City shall establish a restricted account within a city fund for Recreation Facility
Impact Fees into which all park and recreation fees collected under this Chapter shall be paid
and from which all disbursements shall be made only in accordance with the purposes of this
Chapter.
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -14-
(b) The City shall establish a restricted account within a city fund for Police Protection
Facility Impact Fees into which all police protection fees collected under this Chapter shall be
paid and from which all disbursements shall be made only in accordance with the purposes of
this Chapter.
(c) The City shall establish a restricted account within a city fund for Fire Protection
Facility Impact Fees into which all fire protection fees collected under this Chapter shall be paid
and from which all disbursements shall be made only in accordance with the purposes of this
Chapter.
SECTION 11. Refunds.
Any funds collected under this Chapter not expended or encumbered by the end of the
calendar year immediately following eight (8) years from the date on which the building permit
for the development was issued may be returned to the then current property owner upon his
application for refund, with interest at the rate of six percent (6%) per annum.
SECTION 12.
The provisions of this Ordinance shall be liberally construed to effectively carry out its
purposes in the interest of the public health, safety, welfare and convenience.
SECTION 13.
All ordinances or parts of ordinances of the City of Clermont in conflict with the
provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 14.
The provisions of this Ordinance are severable, and if any section, sentence, clause or
phrase hereof is for any reason held to be unconstitutional, invalid or ineffective, such holding
shall not effect the validity of the remaining portions of this Ordinance, it being expressly
declared to be the City Council's intent that it would have passed the valid portions of this
Ordinance without the inclusion therein of any invalid portion or portions.
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CITY OF CLERMONT
CODE ORDINANCE
No. 282-C
Page -15-
~ECTION 15.
This Ordinance shall be published as provided by law and it shall become law and take
effect immediately upon its second reading and final passage.
First Reading this 14th day of March, 1995.
Second Reading this 11th day of April, 1995.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, THIS lit/.. DAY OF APRIL, 1995.
CITY OF CLERMONT
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Attest:
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